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10Consent to prosecution

(1)No proceedings for an offence under this Act may be instituted in England and Wales except by or with the consent of—

(a)the Director of Public Prosecutions,

(b)the Director of the Serious Fraud Office, or

(c)the Director of Revenue and Customs Prosecutions.

(2)No proceedings for an offence under this Act may be instituted in Northern Ireland except by or with the consent of—

(a)the Director of Public Prosecutions for Northern Ireland, or

(b)the Director of the Serious Fraud Office.

(3)No proceedings for an offence under this Act may be instituted in England and Wales or Northern Ireland by a person—

(a)who is acting—

(i)under the direction or instruction of the Director of Public Prosecutions, the Director of the Serious Fraud Office or the Director of Revenue and Customs Prosecutions, or

(ii)on behalf of such a Director, or

(b)to whom such a function has been assigned by such a Director,

except with the consent of the Director concerned to the institution of the proceedings.

(4)The Director of Public Prosecutions, the Director of the Serious Fraud Office and the Director of Revenue and Customs Prosecutions must exercise personally any function under subsection (1), (2) or (3) of giving consent.

(5)The only exception is if—

(a)the Director concerned is unavailable, and

(b)there is another person who is designated in writing by the Director acting personally as the person who is authorised to exercise any such function when the Director is unavailable.

(6)In that case, the other person may exercise the function but must do so personally.

(7)Subsections (4) to (6) apply instead of any other provisions which would otherwise have enabled any function of the Director of Public Prosecutions, the Director of the Serious Fraud Office or the Director of Revenue and Customs Prosecutions under subsection (1), (2) or (3) of giving consent to be exercised by a person other than the Director concerned.

(8)No proceedings for an offence under this Act may be instituted in Northern Ireland by virtue of section 36 of the Justice (Northern Ireland) Act 2002 (delegation of the functions of the Director of Public Prosecutions for Northern Ireland to persons other than the Deputy Director) except with the consent of the Director of Public Prosecutions for Northern Ireland to the institution of the proceedings.

(9)The Director of Public Prosecutions for Northern Ireland must exercise personally any function under subsection (2) or (8) of giving consent unless the function is exercised personally by the Deputy Director of Public Prosecutions for Northern Ireland by virtue of section 30(4) or (7) of the Act of 2002 (powers of Deputy Director to exercise functions of Director).

(10)Subsection (9) applies instead of section 36 of the Act of 2002 in relation to the functions of the Director of Public Prosecutions for Northern Ireland and the Deputy Director of Public Prosecutions for Northern Ireland under, or (as the case may be) by virtue of, subsections (2) and (8) above of giving consent.

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